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(영문) 서울중앙지방법원 2013.05.31 2013고단1329

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 21, 2003, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Suwon District Court. On October 17, 2004, the same court was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 29, 2008, the Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Daegu Prison on October 3, 2010.

【Criminal Facts of Crimes】 around 00:30 on March 9, 2013, the Defendant entered the first floor of the Seoul Jung-gu Seoul Metropolitan Government C building to exchange, and the surveillance was neglected, and the victim D left the front counter of the money exchange center, and 32,000 United Nations, JCB credit card 1, and hotel guidance card 1 copy of the victim’s cash 32,000 UN, JCB credit card 1, and thefted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. On-site photographs and CCTV closure photographs;

1. Previous records of judgment: Application of inquiry reports including criminal records, prosecutor's investigation reports (report on the date of release of a suspect), prosecutor's investigation reports (report on the previous suspect and attachment of judgment) to statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. 작량감경 형법 제53조, 제55조 제1항 제3호 양형의 이유 [유형의 결정] 절도범죄, 상습ㆍ누범절도, 제1유형(일반상습ㆍ누범절도) [권고형의 범위] 징역 2년 ∽ 징역 4년(기본영역) [선고형의 결정] 비록 피고인이 동종 범행으로 수회 처벌받은 전력이 있을 뿐만 아니라 동종 범행으로 인한 누범 기간 중에 이 사건 범행을 저지른 것은 그 죄질이 매우 좋지 않다.

However, the money that the defendant exchangeds stolen-friendly currency is returned to the victim and 3.50,000 won.